The State Of Madhya Pradesh Through Collector vs. Vijay Singh

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3817 OF 2017 (Arising out of S.L.P. (Civil) No. 31669 of 2016)

Union of India

...Appellant

$VS.$

B.N.Singh

...Respondent

O R D E R

As per the office report dated $3^{rd}$ March, 2017, service is complete on the sole respondent. However, nobody has put in appearance on his behalf.

Leave granted.

We have heard Mr. Maninder Singh, $\verb|learned|$ Additional Solicitor General appearing for the petitioner-Union of India.

We are of the considered opinion that the subsistence allowance cannot exceed 75% of the last pay drawn.

In this view of the matter, the impugned order dated 14^th October, 2015 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh is set aside. After giving due opportunity to the respondent, Writ Petition No.31704 of

$\mathbf{1}$

2014 pending before the High Court be decided expeditiously, in accordance with law.

The Civil Appeal is disposed of accordingly.

Pending application, if any, also stands disposed of.

......................J. [R.K. AGRAWAL]

......................J. [ABHAY MANOHAR SAPRE]

New Delhi; March 6, 2017.

ITEM NO.53 COURT NO.10 SECTION XIIA

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 31669/2016

(Arising out of impugned final judgment and order dated 14/10/2015 in WP No. 31704/2014 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh)

UNION OF INDIA Petitioner(s)

VERSUS

B.N. SINGH Respondent(s) (With interim relief and office report)

Date : 06/03/2017 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE R.K. AGRAWAL HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

For Petitioner(s) Mr. Maninder Singh,ASG Mr. K.Radhakrishnan,Sr.Adv. Mr. R.Balasubramanian,Adv. Ms. Swati Ghildiyal,Adv. Mr. Nalin Kohli,Adv. Mr. Amarjeet Singh,Adv. Ms. Ananya Mishra,Adv. Ms. Aarti Sharma,Adv. For Mr. Mukesh Kumar Maroria,Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is disposed of in terms of the signed

order.

(Anita Malhotra) (Chander Bala) Court Master Court Master (Signed order is placed on the file.)

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